Thank you for using Kunjani (“Kunjani”, “we”, “us”, “our”). These Terms and Conditions (“Terms”) are applicable to websites (including kunjani.co and playkunjani.co) and software/mobile applications (‘apps’), all owned and operated by Kunjani AS and from or in connection with which you are accessing this document. We refer to such websites and apps in this agreement as the “Kunjani Service” or “Service”. The Kunjani Microsoft teams application is referred to as the “App”. By using the Services or accessing any content or material that is made available by Kunjani or its users through the Service you understand and agree to accept and adhere to the following terms and conditions as stated herein.
Please read the Agreements carefully as they contain important information about Kunjani Services provided to you and any fees and charges applicable to the Services. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the Kunjani Service or consume any Resources.
You promise that your registration information, payment details (if you have signed up for a Paid Subscription, conf. section 5.2), and any other information that you submit to us are true, accurate, and complete, and you agree to keep it that way at all times. If you have provided incorrect or inaccurate information, please contact us to rectify the information. You promise that no other person shall be allowed to use or access your account, or in any other way make use of the rights conferred to you pursuant to the agreements.
Kunjani Terms and Conditions
By visiting our Services and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) these Terms, (b) our Acceptable Use Policy and (c) applicable laws, regulations and generally accepted online practices or guidelines (“Acceptable Use”). The current Acceptable Use Policy is available here. We reserve the right to change the Acceptable Use Policy at any time without notice.
You understand and agree that in the event of a violation of the Acceptable Use we may immediately terminate or suspend your Kunjani account.
3. Responsible use and conduct
This website is owned and operated within the Republic of South Africa. Therefore, these terms and conditions are governed by the laws of the Republic of South Africa, and the user consents to the jurisdiction of the Cape Town High Court in the event of any dispute.
4. Changes to the Agreements
We reserve the right to change these Terms from time to time without notice. You acknowledge and agree that it is your responsibility to review the Terms periodically to familiarize yourself with any modifications. In the event of material changes to the Terms, we will notify you at least 30 days before these new Terms apply to you, by issuing notice accessible through your use of the Services or by email to your registered email account. Please, therefore, make sure you read any such notice carefully. Your continued use of the Services after such modifications will constitute acknowledgment and agreement of the modified Terms. If you do not wish to continue using the Service under the new version of the Terms, you may terminate the Agreements by contacting us.
5. Kunjani Service plans
If you have signed up for our free Service, a limited version of our Kunjani Services is provided to you free-of-charge, for as long as you use the Services for non-commercial purposes only, in accordance with the limitations of use set out in these Terms. The Service Plan that does not require payment is currently referred to as the “Kunjani Free Trial”. YOU MAY NOT USE Kunjani Free trial FOR COMMERCIAL PURPOSES. HENCE, IF YOU INTEND TO USE KUNJANI SERVICES FOR PROFESSIONAL PURPOSES, INCLUDING BUT NOT LIMITED TO IN CONJUNCTION WITH OR AS PART OF A PAID SERVICE OR PRODUCT, FOR THE PURPOSE OF MARKETING YOUR OWN OR SOMEONE ELSE’S PRODUCTS OR SERVICES, YOU MUST SIGN UP FOR A PAID SUBSCRIPTION OR ENTER INTO A SEPARATE AGREEMENT WITH KUNJANI.
The Kunjani Free Trial expires after 14 days.
5.1. Kunjani Free Trial - 14 days
Kunjani provides a learning and development platform to upskill, onboard, and engage remote teams using blended learning games. Kunjani is for any subject, for all ages, letting users create, customise and play learning games. Kunjani Services are available for free or as a paid service in accordance with the following.
The Kunjani Services that may be accessed subject to payment are currently referred to as “Paid Subscriptions”. You can learn more about Paid Subscriptions and the different service plans that we offer you to sign up for by visiting https://www.kunjani.co/plansandpricing (the “Service Plans”). You agree to abide by the terms and restrictions applicable to the Service Plan that you have signed up for.
We reserve the right to change or withdraw features, specifications, services, and content of a Service Plan at any time, without notice to you. Please note that the content and features of a Service Plan may vary based on when you signed up and whether you have signed up through our website or via the App. The Kunjani Services offered via the App may only contain a limited version of the web-based services.
You can manage your Kunjani user account by contacting email@example.com to make relevant changes.
5.2. Paid Subscriptions
Kunjani offers various Service Plans for use of the Kunjani Services in businesses, non-profit organizations and schools. Some Service Plans require payment before you can access them and certain areas of use are only permitted if you have signed up for a Paid Subscription or entered into a separate agreement with Kunjani. If you have signed up for Paid Subscriptions, you may get access to features that are not available through Kunjani Free Trial and you may use the Services for commercial purposes, only if and to the extent such commercial use is permitted under the selected Service Plan. You can learn more about Paid Subscriptions and the different Service Plans by visiting https://www.kunjani.co/plansandpricing
We may, at our own sole discretion, offer trials of Paid Subscriptions for a specified period without payment or at a discounted rate (a “Trial”). We reserve the right to revoke the Trial and put your account on hold in the event that we determine that you are not eligible.
6. Payments, cancellations, upgrades
If you have signed up for Kunjani Free Trial or if you cancel your Paid Subscription during the Trial, Kunjani will never charge you any fees for your use of the Kunjani Service.
Paid Subscriptions can be purchased directly from Kunjani via the App or on our website, or through a separate agreement with Kunjani.
If you have signed up for a Paid Subscription for a monthly subscription fee, you will be charged for one month’s subscription fee in advance upon expiry of any Trial. The Paid Subscription and the payment to Kunjani will automatically renew at the end of the monthly subscription period, unless you cancel your Paid Subscription via email before the end of the current monthly subscription period.
If you have signed up for a Paid Subscription which gives you access to the Kunjani Service for a specific time period (“Pre-Paid Period”), you will be charged for the Pre-Paid Period in advance upon expiry of any Trial. The Paid Subscription and the payment to Kunjani will automatically renew at the end of the Pre-paid Period unless you cancel your Paid Subscription via email before the end of the Pre-paid Period.
If you cancel your Paid Subscription, the cancellation will take effect on the day after the last day of the current subscription period, after which your account will terminate. We will not refund any subscription fees already paid to us.
Kunjani may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Kunjani Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect, in which case your account will be terminated.
We do not provide any refunds if the price for a Paid Subscription drops, or if we offer subsequent promotional pricing or change the content or features of a Service Plan. Paid Subscriptions purchased through other platforms are subject to the refund policies of those platforms. Kunjani cannot be held responsible for these platforms’ policies.
Please note that in the event you purchase a Kunjani subscription, you are legally obliged to pay the invoice. This means that if you have not paid the invoice, but you have used our products/services, you are legally bound to pay the invoice
Your right to withdraw is revoked as soon as your subscription is activated, as activation immediately initiates full access to the features specified in the subscription. These features constitute our digital content.
6.2. Upgrades and downgrades
You may at any time upgrade or downgrade your Paid Subscription to a different Service Plan:
Paid Subscriptions – monthly:
If you have downgraded your monthly Paid Subscription to a lower Service Plan, such downgrade will take effect on the day after the last day of the current subscription period.
If you have upgraded your monthly Paid Subscription to a higher Service Plan, such upgrade will take effect immediately subject to payment of the upgrade fee.
Paid Subscriptions – Pre-paid Period:
If you have downgraded your Paid Subscription to a lower Service Plan during the Pre-paid Period, such downgrade will take effect on the date of renewal (i.e. the day after the last day of the Pre-paid Period).
If you have upgraded your Paid Subscription to a higher Service Plan during the Pre-paid Period, such upgrade will take effect immediately subject to payment of the upgrade fee and you will automatically enter into a new Pre-paid Period with the same duration as the preceding Pre-paid Period.
Prices listed may not include sales or value added tax and applicable tax may be calculated and added at the time you complete a transaction and, depending on where you have purchased your Paid Subscription, such tax may not be visible to you until you receive a receipt for your purchase. In certain jurisdictions, local laws require that prices include all applicable taxes, in which case this will be indicated at the time of the transaction.
The Kunjani Service and the Resources are the property of Kunjani or Kunjani licensors. We grant you a limited, non-exclusive, revocable license to make use of the Kunjani Service for non-commercial, educational and/or entertainment use of the Service (the “License”). This License shall remain in effect until and unless terminated by you or Kunjani. You promise and agree that you are using the Services and the Resources for non-commercial, educational and/or entertainment purposes and that you will not broadcast the Services or the Resources. For the avoidance of doubt, you may not charge any fees or require any payment as part of your use of the Service or the Resources. If you have signed up for Paid Subscription, you may also use the Services for certain commercial purposes if and to the extent permitted in accordance with the applicable Service Plan specified in your Kunjani account, conf. section 5.2. Except for the rights expressly granted to you in these Agreements, Kunjani grants no right, title, or interest to you in the Kunjani Service or Resources.
The Kunjani software applications and the Resources are licensed, not sold, to you, and Kunjani and its licensors retain ownership of all copies of the Kunjani software applications and Resources even if you have downloaded such Resources to your personal computers, mobile handsets, tablets, and/or other relevant devices.
All Kunjani trademarks, service marks, trade names, logos, domain names, and any other features of the Kunjani brand (“Kunjani Brands”) are the sole property of Kunjani or its licensors. The Agreements do not grant you any rights to use any Kunjani Brand for any purpose, whether for commercial or non-commercial use.
7. Licensed rights
8. Third Party Applications
The Kunjani Service is integrated with third-party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Kunjani does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.
The Kunjani Service is based on user content and relies on users contributing content to the Service, including without limitation tasks, pictures, video, text, messages, activities, information, user feedback, and any other content (“User Content”). You hereby grant to Kunjani a perpetual (or, for as long as permitted under applicable law), non-exclusive, sub-licensable, transferable, royalty-free, irrevocable, fully-paid, universal license to commercialize, use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content you have made available to the public in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
You promise that, with respect to any User Content you post on Kunjani, (1) you have all rights necessary to upload such User Content to the Kunjani Service and to grant the above license to Kunjani, and (2) such User Content, or its use by Kunjani as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Kunjani or any rights holder without express written consent from such individual or entity.
Kunjani may review, monitor, edit or remove User Content in our sole discretion, but is under no obligation to do so. In all cases, Kunjani reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Kunjani’s sole discretion, violates the Agreements. Kunjani may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you have published on Kunjani. Kunjani does not endorse the correctness of the User Content or any opinion contained in any User Content. You will, to the greatest possible extent permissible under applicable law, indemnify and hold Kunjani and its licensors harmless from and against any third party claim asserting that the User Content violates any third party rights or applicable laws, regulations or legal requirements anywhere in the world, including any loss, costs and expenses arising out of such third party claim.
9. User-Generated Content
10. DMCA and User Content reporting
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that material available in the Service infringes your copyright, you (or your agent) may send to Kunjani written notice by mail or e-mail, requesting that Kunjani removes such material or blocks access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Kunjani a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent by e-mail to firstname.lastname@example.org attention Hans Zietsman. We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice. Please note that Kunjani may, in appropriate circumstances, terminate or suspend users and account holders who are repeat infringers.
Notwithstanding the foregoing, Kunjani may in its sole discretion take such actions as it deems fit in order to protect the intellectual property rights of any intellectual property owner, including but not limited to removing User Content.
If you believe that any Resources do not comply with the Acceptable Use, feel free to report this to Kunjani via email to email@example.com .
If you establish a Kunjani account on behalf of a company, organization, entity, or brand (an “Organization”, and such account an “Organization Account”), the terms “you” and “your”, as used throughout the Agreements, apply to both you and the Organization, as applicable.
If you open an Organization Account, you represent and warrant that you are authorized to grant all permissions and licenses provided in the Agreements and to bind the Organization to the Agreements.
As creator of your Kunjani account you have access and control over the Kunjani account and the devices that are used to access the Service. To maintain control over the account and to prevent anyone from accessing the account, you should maintain control over the devices that are used to access the Service and not reveal the password nor any payment details associated with your account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. You are also responsible for preventing unauthorized access and use of your account by any other than you. We can terminate your account or place your account on hold in order to protect you, Kunjani or our partners from conducting or attempting to conduct identity theft or other fraudulent activity.
12. Account security
The Agreements will continue to apply to you until terminated by either you or Kunjani. You may terminate the Agreements at any time. Kunjani may terminate the Agreements or suspend your access to the Kunjani Service at any time, including in the event of your actual or suspected unauthorised use of the Kunjani Service and/or Resources, or non-compliance with the Agreements. If you or Kunjani terminate the Agreements, or if Kunjani suspends your access to the Kunjani Service, you agree that Kunjani shall have no liability or responsibility to you and Kunjani will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.
You hereby acknowledge and agree that the perpetual license granted to Kunjani by you in relation to User Content will continue after expiry or termination of any of the Agreements for any reason.
Sections 3, 9, 13, 14, 15, and 16 and all other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
13. Term and termination
Although Kunjani will endeavor to provide the Kunjani Service in the best possible way without interruptions, you understand and agree that the Kunjani Service is provided “as is” and “as available”, without any express or implied warranty, condition or assurance of any kind. This means that we do not represent or warrant to you that:
the use of the Kunjani Service and the Resources will meet your needs or requirements.
the use of the Kunjani Service and the Resources will be uninterrupted, timely, secure or free from errors.
the information obtained by using the Kunjani Service and the Resources will be accurate or reliable, or
any defects in the operation or functionality of Kunjani Service or any Resources we provide will be repaired or corrected.
You are using the Kunjani Service and the Resources at your own risk and for your own account. Any Resources downloaded or otherwise obtained through the use of the Kunjani Service is done at your own discretion and risk, and you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such Resources. Kunjani and all owners of the Resources make no representations and disclaim any warranties or conditions of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Neither Kunjani, its licensors, partners nor any owner of Resources warrants that the Kunjani Service is free of malware or other harmful components. In addition, Kunjani makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for any third party applications (or the resources thereof), User Content, or any other product or service offered by a third party on or through the Kunjani Service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that Kunjani Is not responsible or liable for any communication between users or any transaction between you and third party through the Kunjani Service. No information or advice, whether expressed, implied, oral or written, obtained by you from Kunjani AS or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms.
This section shall apply to the greatest possible extent permitted under applicable law.
YOU HEREBY AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE KUNJANI SERVICE IS TO UNINSTALL ANY KUNJANI SOFTWARE AND TO STOP USING THE KUNJANI SERVICE. WHILE KUNJANI ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE RESOURCES THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO KUNJANI, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE RESOURCES THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL KUNJANI, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE KUNJANI SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER KUNJANI HAS BEEN MADE AWARE OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE KUNJANI SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO KUNJANI FOR THE PRECEDING TWELVE MONTHS PRIOR TO THE RELEVANT LIABILITY AROSE, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
Nothing in the Agreements removes or limits Kunjani’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence.
14. Warranty and disclaimer
6.1. Payments and cancellations
To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Kunjani and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such event, you shall provide us with such cooperation as is reasonably requested by us.
16.2. Entire agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and Kunjani, the Agreements constitute all the terms and conditions agreed upon between you and Kunjani and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Kunjani or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Kunjani’s or the applicable third party beneficiary’s right to do so.
16.3. Severability and waiver
Kunjani may assign the Agreements or any part of them, and Kunjani may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.